Gift Card Policy

Policies

Gift Card Policy

These Twisted Engineering Gift Card Terms and Conditions (“Terms and Conditions”) apply in addition to the Terms of Service and Privacy Policy set forth on the Ttistedengineering.com website, which are expressly incorporated herein. For purposes of these Terms and Conditions, including the arbitration provision set forth below, the term “Twisted Engineering” shall be interpreted broadly encompass Twisted Engineering, LLC, and any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, employees, and agents.

IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND TWISTED ENGINEERING ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. 

Notwithstanding anything contained in these Terms and Conditions, Twisted Engineering plastic Gift Cards and eGift Cards (“Twisted Engineering Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of Twisted Engineering Gift Cards is strictly prohibited.

The balance on any Gift Card is solely the liability of Twisted Engineering, LLC.

Unless other restrictions apply, Twisted Engineering Gift Cards may be used at any Twisted Engineering store or Twisted Engineering vendor’s booth in the U.S. or Puerto Rico; or on-line at shop.twistedengineeringllc.com.

Twisted Engineering Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) without the expressed prior written permission of Twisted Engineering, LLC.

Use of Twisted Engineering’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Twisted Engineering Gift Cards is strictly prohibited. Furthermore, the use of Twisted Engineering Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Twisted Engineering or any of its subsidiaries or affiliates is prohibited.

By purchasing Twisted Engineering Gift Cards, you are certifying and representing to Twisted Engineering that the activities in connection with which the Twisted Engineering Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Twisted Engineering Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Twisted Engineering. In addition, you agree to defend and indemnify Twisted Engineering, LLC and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Twisted Engineering Gift Cards or violation of any of these Terms and Conditions.

Twisted Engineering gift cards never expire. Unused value remains on card and cannot be redeemed for cash, except where required by law.

Lost or stolen cards will not be replaced. Twisted Engineering, LLC shall have no liability to you for (i) lost or stolen Twisted Engineering Gift Cards or (ii) use of any Twisted Engineering Gift Cards by third parties through your Twisted Engineering.com account. You are solely responsible for keeping the password for your Twisted Engineering.com account safe and for any activity conducted under your account.

You may not consolidate or combine multiple Twisted Engineering Gift Cards to purchase a new Twisted Engineering Gift Card. Twisted Engineering.com does not consolidate or combine multiple gift cards into one gift card per customer requests.

The balance you see when viewing Twisted Engineering Gift Card balances online is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time. You can also view the Twisted Engineering Gift Card’s transaction history to see if all the transactions for the Twisted Engineering Gift Card are listed.

PLEASE READ THIS SECTION CAREFULLY.  IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.  This arbitration provision provides that you and Twisted Engineering waive any right to file a lawsuit in court or participate in a class action for matters within its terms.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TWISTED ENGINEERING (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY TWISTED ENGINEERING), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT TWISTED ENGINEERING AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.   DISPUTE SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS.  YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective August 19, 2021 (the “JAMS Rules”) and as modified by this agreement to arbitrate.  The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location that is reasonably convenient to you.  The arbitrator will follow these Terms and Conditions and his or her award will be final and binding.  Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER TWISTED ENGINEERING CUSTOMERS, OR OTHER PERSONS.  THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM.  THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT.  THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.  NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.  

This arbitration provision shall survive any termination of these Terms and Conditions.  Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.

APPLICABLE LAW

The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Texas without regard to principles of conflicts of laws.  If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated. 

These Twisted Engineering Gift Card Terms and Conditions were last updated on the date set forth below. Twisted Engineering may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes.  In the event of a conflict between these Terms and Conditions and the Twisted Engineering.com Terms of Use, these Terms and Conditions will govern. 

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

The version of this Policy is effective August 19, 2021